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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38138
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am preparing for trial brief set on January 6, 2014. Defendant

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I am preparing for trial brief set on January 6, 2014.
Defendant did not follow the court order to disclose some interrogatories and request for production. I think it is too late to file a motion again.
What should I do for that?
And I need some case citations on default court judgment and violation Section 17(a) under Securities Act of 1993. to object Ch. 7 bankruptcy.
Defendant did not follow the court order to disclose some interrogatories and request for production. I think it is too late to file a motion again. What should I do for that?

A: Not following you. Did you file a motion to compel, already, and did opposing party violate that order?

And I need some case citations on default court judgment and violation Section 17(a) under Securities Act of 1993. to object Ch. 7 bankruptcy.

A: Let's do this in a different Q&A session. Different subject. Thanks.
Customer: replied 3 years ago.

Yes. opposing party violated that order and I sent three notice on this, but defendant did not respond.

The time requirement for a motion for sanctions for failure to comply with discovery orders is simply a reasonable time. Brandt v. Vulcan, Inc. (7th Cir. 1994) 30 F3d 752, 756 (Motion too late at trial). You can request termination sanctions (judgment in your favor), or a ruling that the other party cannot introduce or object to any evidence provided by you on the specific subject(s) to which the party failed to respond.

Check the local rules, for any specifics related to the motion (FRCP 37 is the general rule). You have an opportunity here to end the case or create extremely favorable circumstances at trial.

Hope this helps.
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Hello again,

I was trying to answer your second question (I've been at a meeting all day), but someone else has it locked. If their answer isn't satisfactory, please post it again with my userid.

Thanks again!
Customer: replied 3 years ago.

Can I link to "Brandt v. Vulcan, Inc. for reference?

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